In the media
Government would save $1.6 billion by boosting social
housing construction to post-war levels, says report
Australia needs a tenfold increase in social housing
construction to combat a shortfall of almost half a million
properties left by 25 years of inadequate investment, a new report
warns (16 November 2018).
More...
Housing finance numbers tumble
The September 2018 housing finance figures released by the
Australian Bureau of Statistics show the number of loans for
housing continues to decline, according to the Real Estate
Institute (09 November 2018).
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Fire safety experts appointed to develop industry
standards
More than 40 organisations from around the world have
appointed fire safety experts tasked with developing landmark
industry standards to address fire safety in buildings in the
public interest (09 November 2018).
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New code for smart communities released
Released as part of Smart Cities Week Australia in Sydney,
the Code for Smart Communities is a new benchmark for urban
development practices across greenfield communities, urban
regeneration precincts and diverse institutional campuses (09
November 2018).
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Stamp duty change makes buying a home fairer
From 1 July 2019, stamp duty brackets will be indexed to
the Consumer Price Index (CPI) allowing homebuyers to put more
money towards a deposit (06 November 2018).
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Good start to getting rid of stamp duty
"The indexation of Stamp Duty is a step forward in
reducing the taxation imposts on housing," stated Tim Reardon,
HIA's Principal Economist. This is the first adjustment to
Stamp Duty rates since the average house in Sydney cost just
$80,000 (05 November 2018).
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Published - articles, papers, reports
The dirty truth:
Australia's most polluted postcodes
Australian Conservation Foundation: 16 November
2018
The burden of air pollution rests disproportionately on the
shoulders of poorer Australians. This report shows 90% of polluting
facilities reported in the National Pollutant Inventory
(NPI) are in postcodes with low-middle weekly
household incomes.
ACI Construction Briefs
A fortnightly communication highlighting key updates
related to Australia's construction industry (13 November
2018).
Australian Bureau of Statistics
09/11/2018
Housing Finance, Australia, September 2018 (cat no.
5609.0).
In practice and courts
ABCB Accessible Housing Options Paper:
Consultation
The ABCB's
Accessible Housing Options Paper has been released for public
consultation. The Options Paper provides a preliminary menu of
options and costings on the possible inclusion of a minimum
accessibility standard for housing in the NCC. Feedback on the
Options Paper is invited until Friday 30 November 2018.
NSW Fair Trading: Consumer guarantee directions
The NSW Government is providing the Commissioner for NSW
Fair Trading with a new power to issue a 'consumer guarantee
direction'. The new power will apply to complaints lodged from
28 December 2018. The purpose of the reform is to help resolve a
consumer dispute with a business about alleged breaches of the
consumer guarantees under the Australian Consumer Law (14 November
2018).
More...
New dates for Environmental
Planning & Assessment Act Updates
Councils, certifiers and other industry practitioners have
more time to implement some of the recent EP&A Act updates.
Changes affect new provisions for
building and subdivision certification,
Local Strategic Planning Statements for councils in the Greater
Sydney Region and
Community Participation Plans.
Cases
Nadarasa v Vansan Construction Pty
Limited [2018] NSWCATAP
270
Appeal – home building claim – contract -
construction and interpretation of home building contract –
cl 17(a) of the BC4 Residential Building Contract (May 2012)
–whether Tribunal erred in interpretation and application of
the clause.
Elias v Naomi [2018] NSWSC
1712
(1) Refuse leave to appeal on grounds 1-3 of the amended
summons filed on 17 May 2016.
APPEAL FROM LOCAL COURT – Alleged denial of procedural
fairness – challenges to interlocutory decisions of
magistrate of procedural nature – no warrant for grant of
leave.
Civil Procedure Act 2005 (NSW), Pt 6, ss 58, 61, 62;
Federal Court of Australia Act 1976 (Cth), s 24; Home
Building Act 1989 (NSW), ss 7, 10, 92.
Bartel v Ryan (No 2) [2018]
NSWCATAP 263
COSTS – No question of principle. The appropriate
order is that the Builder pay the Homeowner's costs as agreed
or as assessed. There were two proceedings before the Tribunal. In
application (HB 17/04880) the appellant (the Builder) claimed
$30,000 for variations to the contract which he had not been paid
for. In proceedings HB 17/07028 the respondent (the Homeowner)
claimed $120,000 in respect of incomplete and defective works.
Builtex Constructions Pty Ltd v Ang
[2018] NSWCATAP 264
(1) The appeal is upheld for the purposes of order 2 below
and is otherwise dismissed.
(2) The order made on 19 March 2018 is amending by substituting
"$38,159.00" for "$41,659.00".
BUILDING AND CONSTRUCTION – Whether Tribunal erred in denying
procedural fairness to a party by proceeding in its absence.
Rockwell Constructions Pty Ltd v LLamas
[2018] NSWCATAP 262
ERROR OF LAW – Adequacy of reasons.
Orders: Appeal allowed. The orders of the Tribunal in matters HB
16/51356 and HB 17/04946 of 23 May 2018 set aside. The matters are
remitted to the Consumer and Commercial Division of the Tribunal
constituted by a different member other than a member who
determined the matter. In matter HB 16/51356, the Homeowners
brought a claim for defective and incomplete home building work
arising out of home building by the Builder. Their claim was
brought pursuant to a home building contract between the parties
dated 19 May 2014 for a contract price of $435,000.00 (the
Contract). In matter HB 17/04946, the Builder claimed $30,039.39
for outstanding payments, loss of profits and liquidated damages as
of the date of termination of the contract. For the reasons set out
in the Tribunal's decision of 23 May 2018 (the
Decision), the Tribunal allowed $15,000.00.
Bellerive Homes Pty Ltd v FW Projects Pty
Ltd [2018] NSWSC 1435
CIVIL PROCEDURE – Judgment obtained by plaintiff upon the
filing of an adjudication certificate under Building and
Construction Industry Security of Payment Act 1999 (NSW)
– application by defendant to stay execution of judgment
pending determination of proceedings in the Equity Division –
whether stay should be granted – discretionary factors.
David Cameron Jones t/as Oz Style Homes v
Panchal [2018] NSWCATAP
238
BUILDING AND CONSTRUCTION – Home Building jurisdiction of the
Tribunal – whether time limits on jurisdiction in s 48K of
the Home Building Act apply separately to each claim
brought in an application or whether each application constitutes
one "building claim" – whether in considering
whether to make a work order requiring rectification by the builder
it is a relevant consideration that there are defects for which the
builder has not been found liable which the home owner will need to
employ other builders to rectify.
WORDS AND PHRASES – "building claim"
Petropoulos v CPD Holdings Pty Ltd t/as The Bathroom
Exchange (No 2) [2018] NSWCATAP
233
HOME BUILDING – Where statutory warranty breached in
relation to size of showers – whether damages or
rectification appropriate remedy.
P & N NSW Pty Ltd t/as Euro Solar v Park (No
2) [2018] NSWCATAP
242
CONSUMER CLAIM – Order for compensation.
PRACTICE AND PROCEDURE - new hearing pursuant to s 80(3) of the
Civil and
Administrative Tribunal Act 2013 (NSW).
The Owners-Strata Plan 89023 v AT Building Pty Limited
and Mowbray Road Pty Limited as trustee for Mowbray Unit Trust;
Jayanthi and Shikaram v AT Building Pty Limited and Mowbray Road
Pty Limited as trustee for Mowbray Unit Trust
[2018] NSWCATCD 33
HOME BUILDING - Individual components of a fire safety
system a major defect, completion of residential building work on
issue of interim occupation certificate, limitation period for
bringing claim for breach of statutory warranty in respect of other
defects, preferred outcome.
Hartley v McRae [2018] NSWCATCD
31
Section 48MA of
the Home Building Act
1989, Work orders, Prime cost items, undocumented
variations.
Maher v The Pines Resort Management Pty Ltd T/as
Gateway Lifestyle The Pines; Marsh v The Pines Resort Management
Pty Ltd T/as Gateway Lifestyle The Pines
[2018] NSWCATCD 35
RESIDENTIAL (LAND LEASE) COMMUNITIES – Site fee
increase – Whether notice of site fee increase valid –
Whether site fee increase excessive.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.